Tag Archive for: workers compensation

Can You See Your Own Doctor For Workers’ Comp?

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Can You See Your Own Doctor For Workers’ Comp?

According to the North Carolina Industrial Commission, your employer or its insurance company chooses the doctor for your workers’ comp claim. This includes all medical treatment related to your work injury. You or your lawyer can request that you be treated by a different doctor or medical facility. Keep in mind that payment by workers’ comp is not guaranteed unless the change of medical provider is approved.

What If I Saw My Doctor Before I Knew The Rules?

Often, the workers’ comp insurance company will pay for your treatment, provided they deem the treatment was reasonable. Your workers’ comp attorney may need to put some pressure on the adjuster in order to receive a reimbursement, but it is not unusual to receive one.

If the treatment for which you seek reimbursement falls outside of normal accepted treatment, you may find the adjuster pushes back on reimbursement requests for acupuncture and chiropractic treatment that was not conducted at their direction.

Will My Workers’ Comp Lawyer Direct Me To A Doctor?

You may find that the doctor hired by the workers’ comp insurance company favors the employer. This may manifest itself in a few ways. First, the doctor may choose conservative treatment and forego additional testing to discover injuries. Second, the doctor may not write you out of work for as many days, weeks, or months as another doctor might. Lastly, if you are seeking a physical impairment rating, you may find that one doctor gives you a more favorable impairment rating than another doctor. The impairment rating affects the value of your workers’ comp claim.

Who Pays For My Workers’ Comp Treatment?

If the insurance company chooses the doctor, they will pay for the treatment. If you choose your own doctor, you can either seek reimbursement from the workers’ comp insurance company or you can pay the doctor out of your workers’ comp proceeds. As mentioned above, there are times it makes sense to seek your own treatment from a doctor of your choosing. Your attorney can assist with this choice.

Speak With A Workers’ Comp Attorney Today

If you have questions about workers’ comp, call us. We’re here to help. We can be reached at 704.749.7747 or you can click HERE to request a consultation. All consultations are free, and it is our job to help you understand your options. We know you have choices. We hope you Call Layton Law.

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Filing A Workers’ Compensation Claim In North Carolina

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According to statistics, almost 2.9 million workers across the country sustained workplace injuries and illnesses in 2015.

Most of those injuries involved time off work, job restrictions or transfers. Workplace injuries in North Carolina put workers out of work every day leaving them unable to support their families. North Carolina workers’ compensation pays benefits to employees who are injured on the job. Workers may receive medical treatment, compensation for wage loss, and other financial assistance. Employers are mostly required to provide workers’ compensation to employees.

In order to preserve your rights in this regard it is important to understand what actually qualifies as a workers’ compensation claim. An injury caused by an unexpected accident or incident that occurred in the course of employment is what qualifies as a worker’s compensation claim. Other occupational injuries that occur over time such as repetitive trauma injuries like carpal tunnel syndrome also qualify for workers’ compensation benefits.

Employees diagnosed with diseases that are associated with certain occupations or employment also may be covered by worker’s compensation. All employers in North Carolina are required to carry workers’ compensation insurance for employees that are injured or develop an illness related to workplace exposures.

Necessary Steps To File a Workers’ Compensation Claim In North Carolina

  • It is important to notify your employer of a work-related injury in writing within 30 days of sustaining the injury. Make a simple written statement about what happened and include the date of the accident. Even if there is no time lost from work because of the workplace accident you should notify your employer as soon as possible. If you are unable to do so yourself because of the severity of your injury, then have a family member, friend or your health care provider inform your employer.
  • Get medical attention as soon as possible. If your place of employment has a doctor on site then you should see them. If your employer sends you to a doctor or healthcare provider somewhere else, go see the health care provider. You can also visit your own doctor but you are required to see any healthcare provider your employer designates.
  • Describe your injury or illness to the doctor in detail. The doctor should be aware of the fact that your injury happened in a workplace accident or your illness developed as a result of workplace exposures. Give your employer’s name to the doctor because it allows the doctor to record the treatment as a workers’ compensation expense.
  • Follow doctor’s orders. It is imperative that you follow any and all directions that the doctor gives you regarding your treatment. The primary aim of workers’ compensation insurance medical care is to restore the employee to the health and ability to work as before the injury occurred. Failure to follow the doctor’s instructions and appointments will jeopardize your workers’ compensation benefits.
  • It is important to make sure that your claim is filed correctly with the N.C. Industrial Commission. All claims are initiated with the Industrial Commission’s Form 18 which is available in paper and electronic form. It must be filled out completely and submitted. Additional forms should also be filled accurately as the claim is processed. Do not fail to complete and submit any form that applies to your claim.
  • It is important to make and keep copies of every letter, every medical report, every bill, and every completed form. In the event that there is a dispute regarding your workers’ compensation claim, you may need to show proof that you have acted according to the law.
  • It is imperative to follow the notification process and remain within the time limits otherwise your claim may be denied.

An injured employee is eligible to receive workers’ compensation benefits until he or she is able to return to work.  If you or someone you love has suffered a job-related injury or illness, you may need to file a North Carolina workers’ compensation claim. Call us at 704.749.7747 for a free consultation or click HERE To request a call. We hope you’ll choose to recover with us.

Author: The Law Office of Pittsburgh Injury Lawyers offers a diverse range of legal services with special focus on workers compensation, personal injury, and Social Security Claims.

 

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Construction Injury and Workers Compensation

Construction work is demanding work, and the individuals who perform it are put under physical strain every day on the job. When a construction injury hits, the injured person will not only lose time on the job but may never be able to perform that job again. Quite often, the injured worker finds themselves at odds with their employer, regarding questions of paid time off, when they are healthy enough to return to work, and whether they should be compensated for their injury.

If you’re injured on the job or performing within the scope of your duties as an employee, you will typically be entitled to workers compensation from the party at fault for your injury. This compensation will range from covering medical costs, to future and lost wages, to pain and suffering due to the injury you sustained.

The Role of Construction Injury Attorneys

If you hire a personal injury attorney to assist you with your construction injury, the attorney and their legal team will work to investigate the incident and hire experts to assist in valuing your loss. The law firm will also work to examine the facts surrounding the accident, in an effort to determine fault. In a North Carolina construction injury, you’ll discuss the concept of Contributory Negligence with your attorney, and assess whether your actions played a role in the on the job injury.

Once the personal injury law firm has done their research, the attorney will work aggressively on your workers compensation claim, including working up financial assessments of your loss and negotiating with insurance companies to make sure you receive just compensation.

Don’t Delay – Find Out More

If you have questions about a construction injury, you should speak to a personal injury attorney. The phone consultation is free, and you will get some clarity around your options. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to request a phone call.

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